Terms & Conditions
Effective Date: February 01, 2019
IDSEALSM TERMS & CONDITIONS
These IDSEAL Identity Protection and Management Services Terms & Conditions (these “Terms”) are applicable to your use of the Services (as defined herein) and the Sites (as hereinafter defined).
READ THESE TERMS CAREFULLY BEFORE YOU ENROLL IN, ACCESS OR USE THE SERVICES. BY ENROLLING IN THE SERVICES, YOU ACKNOWLEDGE, ACCEPT AND AGREE TO EACH OF THESE TERMS, AND SPECIFICALLY ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING:
- YOU AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND IDSEAL ARISING FROM OR IN CONNECTION WITH THE SERVICES, YOUR ACCESS TO OR USE OF THE SERVICES, THE WEBSITE AND THE APP, IDSEAL’S POLICIES (AS HEREINAFTER DEFINED), AND THESE TERMS, PURSUANT TO THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN ARTICLE 15 BELOW. “DISPUTE RESOLUTION PROVISIONS”
- YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS, WHICH PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.
- Your primary residence is located in the United States of America, you are an individual over 18 years of age and you have the capacity to enter into legally binding agreements, and you have a valid United States Social Security Number (“SSN”).
- You are Enrolling (as hereinafter defined) in the Services only on behalf of yourself and not on behalf of any other individual other than (i) an adult member of your household, or (ii) an individual dependent under the age of 18 who lives in your household and of whom you are a parent or legal guardian with authority to Enroll them for the Services (a “Dependent”), in which case you accept these Terms on behalf of such Dependent, and these Terms shall apply to such Dependent upon your acceptance hereof.
- The terms under which you may cancel or terminate your Membership (as hereinafter defined) are detailed in Article 8 below (link here: Cancellation Provisions).
- Your Enrollment and access to or use of the Services constitutes your acceptance of these Terms, which IDSeal may modify, revise, amend or update pursuant to the provisions of Article 10 below (link here: Changes in Terms).
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ENROLL IN, ACCESS OR USE THE SERVICES. BY ENROLLING IN OR USING THE SERVICES, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS.
IDSeal, LLC, a Delaware limited liability company, and its successors or assigns (collectively, “IDSeal”, “we”, “us, or “our”), provide a suite of identity protection and management features, benefits and related services (collectively, the “Services”) subject to these Terms. For the purposes of these Terms, “you” or “your” refers to the primary member who enrolls in the Services and makes the required initial payment there for (“Enrolls” or “Enrollment”), or, if the plan or package of Services you select upon Enrollment (your “Membership”) includes a family plan covering other adult members in the primary member’s household, such as a spouse or adult child, “you” or “your” also refers to such sub-member(s). These Terms describe how we provide the Services and how you may use those Services, so please read them carefully.
In order to Enroll and use the Services, you must be an individual over eighteen (18) years of age and a resident of the United States. You must also have a valid SSN to use certain features or benefits included in the Services. By Enrolling and using the Services you agree that you meet each of these qualifications. You also agree that you will use the Services only for your personal use and you will not input or attempt to access Personal Information of others, the only exception to the preceding being if you have a family plan, in which case after Enrollment you may have access to data related to Enrolled Dependents or others listed on your member account (“Account”).
You acknowledge and agree that, upon Enrollment, these Terms, together with the Polices, become a legally binding agreement between you and IDSeal only, and no IDSeal Affiliate or Provider is deemed a party to or third party beneficiary of such agreement, although such Affiliates or Providers may provide certain services in connection with the Services provided hereunder. IDSeal remains solely responsible to you for the Services and the performance of IDSeal’s obligations under these Terms, including any work or services performed by any Affiliate or Provider. Accordingly, to the fullest extent possible under Applicable Law, (i) none of the IDSeal Affiliates or Providers will have any direct liability to you; (ii) you will not bring any legal claim, Dispute (as hereinafter defined), or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with these Terms, Policies or the Services against any of the IDSeal Affiliates or Providers; and (iii) you will ensure that no third party which is not a party to these Terms or Policies brings any legal claim, Dispute or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with these Terms, Policies or the Services against any of IDSeal Affiliates or Providers.
2. Enrollment and Authentication.
3. Personal Information.
At all times during your Membership Term (as hereinafter defined), you must ensure that all Personal Information provided to IDSeal remains accurate, current and complete, including without limitation your email address. You may update your Personal Information by accessing your Account via the member portal located on the Website (the “Account Portal”) or by contacting Identity Care at 1-888-325-5865. By accepting these Terms and using the Services, you agree to receive notifications from IDSeal via email at the email address on file with IDSeal. In the event that IDSeal is unable to deliver email messages to you after multiple attempts due to reasons beyond our control (i.e., your email address is no longer valid, your email box becomes full, or your email provider sends our communications to a SPAM or junk e-mail folder, or uses a “safe sender” process), or IDSeal discovers that any other portion of your Personal Information is or becomes inaccurate, then IDSeal may suspend all or any portion of your Membership pending resolution of the issue and, after a reasonable amount of time following such suspension, IDSeal may terminate your Membership upon notice to you as provided for in these Terms.
4. Use of the Services.
You may use the Services only for personal, non-commercial purposes. You may not use the Services for any illegal purpose‚ and you must abide by all Applicable Law when using the Services. You may not use the Services to obtain information or make decisions about anyone but yourself (or your Enrolled Dependents, if applicable). You agree that you will use the Services personally and only to identify errors, and to protect against or prevent actual fraud, unauthorized transactions or other potential fraudulent activity, claims or liabilities. You are solely responsible for your use of the Services and anything you do in reliance on the Services. IDSeal hereby reserves the right to set, define, redefine, modify or change any or all eligibility criteria for Enrollment or any member’s access to or use of the Services. IDSeal does not provide the Services‚ or any advice or assistance‚ for the purpose of repairing or improving your credit report‚ credit history or credit rating or score.
5. Membership Term.
By Enrolling, you are enrolling in a recurring membership that begins when your initial Fee payment is processed and will automatically continue on a month-to-month basis until your Membership is cancelled or terminated as provided for in these Terms. Your total Membership period is referred to herein as the “Membership Term”, and each monthly payment period within the Membership Term is referred to herein as a “Payment Period”.
6. Services Fee; Payment Method.
The monthly recurring fee due and payable for your Membership (the “Fee”) is established at the time of your Enrollment and will be included in the post-Enrollment welcome e-mail you receive from IDSeal (the “Welcome E-mail”). In each Payment Period during your Membership Term, your Fee will billed, in advance, to the credit or debit card you authorized for billing upon Enrollment (your “Payment Method”). If your Payment Method expires or otherwise becomes invalid during your Membership Term, we will notify you in an attempt to update your Payment Method so your Membership can remain active. If IDSeal is unable to bill you for the Fee via the Payment Method provided by you for any reason, then IDSeal may immediately terminate your Membership upon notice to you.
7. Fee Increases; Additional Services.
The amount of the Fee upon Enrollment may represent an introductory offer applicable only to a certain introductory period (the “Introductory Period”), which Introductory Period will be disclosed during Enrollment. In the Payment Period directly following the expiration of the relevant Introductory Period, IDSeal will automatically begin charging you the applicable non-introductory Fee amount applicable to your Membership plan, which can be viewed here. In all other instances, your Fee is subject to increase in accordance with these Terms. In the event of a Fee increase, IDSeal will provide you with notice to the email address associated with your account at the time of the notice and provide you with an opportunity to cancel your Membership prior to the increase effective date where the effective date of the Fee increase will be provided in the Fee increase notice.
You may have the opportunity to purchase, at your election, additional features or benefits to be included in your Membership (each, an “Add-On”). The amount due for an Add-On shall be due and payable at the time of purchase, separately from and in addition to the Fee, as applicable. Details regarding Add-On offers may be viewed on the Website. Purchases of additional credit reports or scores are nonrefundable.
8. Your Right to Cancel.
You have the right to cancel your Membership at any time through your Account Portal or by contacting Identity Care at 1-888-325-5865. If you cancel your Membership prior to the expiration of the then-current Payment Period, IDSeal will continue providing your Membership Services through the end of such Payment Period, and your Membership will terminate upon the expiration of that Payment Period. Because your Membership continues through the end of the Payment Period in which you cancel your Membership, IDSeal will not refund any Fees based on your cancellation of your Membership or any Services included therein (subject to Applicable Law and these Terms). Fees for Add-Ons purchased and processed prior to IDSeal’s receipt of a cancellation request may be billed to you following the relevant termination date.
9. IDSeal’s Right to Terminate; Indemnification.
IDSeal may terminate your Membership upon notice to you, which termination will be effective as of the end of the applicable Payment Period. Upon the effective date of termination, IDSeal will stop billing you for the Fee and your access to the Services will be terminated. If IDSeal determines, in its sole discretion, that Membership Services have been obtained or used fraudulently, are being used for purposes in conflict with Applicable Law, the Policies or these Terms, or are otherwise being abused or used in a manner not contemplated by or intended by these Terms, IDSeal may terminate your Membership (or any Services included therein) immediately and without prior notice and IDSeal reserves its rights to pursue any other remedies it may have against you at law or in equity. You may not be listed under more than one Account. Attempts by a single member to obtain multiple Memberships or to be named under more than one Account may result in IDSeal’s termination of all relevant Memberships and/or refusal to offer or sell Services to you or any other member of your household.
You agree to defend, indemnify, and hold harmless IDSeal, its Affiliates, licensors, Providers, Provider’s affiliates and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of Applicable Law, these Terms, or Policies, and your use of the Website, including, any use of the Services or Website’s content, services, and products other than as expressly authorized by Applicable Law, these Terms or Policies or your use of any information obtained from the Website.
10. Change in Terms.
Subject to these Terms and Applicable Law, and except for a material Change, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of these Terms, Policies or the Services (including any benefits or features thereof or associated therewith), or any term or condition applicable to all or any portion of the Services or your Membership, without direct, individual notice to you. Notwithstanding the foregoing, IDSeal will endeavor to provide timely notice of any Change on one or more of the Sites. Any Change may be made effective at IDSeal’s election upon the implementation date, the date IDSeal posts notice of the Change, or prospectively to a date chosen and specified by IDSeal. Subject to these Terms, by continuing to remain a Member or use the Services after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to cancel your Membership as provided for in these Terms.
Notwithstanding the foregoing provisions of this Article 10, any Change to the Dispute Resolution Provisions or other material Change made to these Terms following your Enrollment (each, a “Material Change”) may be made only by way of mutual consent. In the event of a Material Change, IDSeal will deliver email notice to you of same at the address associated with your Account, and may also provide such notice in the Account Portal or on one or more of the Sites, and you will then have ten (10) days from the date of such notice to cancel your Membership by written notice to IDSeal, failing which, you will be deemed to have consented to the relevant Material Change and such Material Change will be immediately effective upon the expiration of such 10-day period without any further notice.
12. Notice of Prosecution.
Access to and use of password-protected and/or secure areas of the Sites is restricted to (i) Members accessing and using their own Account on behalf of themselves or a Dependent, and (ii) authorized IDSeal personnel or agents. Individuals attempting to access these protected or secure areas of the Sites without authorization may be subjected to prosecution. Failure to comply with the FCRA may result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution. You acknowledge and agree that IDSeal will cooperate with law enforcement in connection with any such actions or prosecutions.
13. NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS OF LIABILITY.
THE SERVICES AND ALL INFORMATION ON THE WEBSITE IS OFFERED AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IDSEAL DOES NOT GUARANTEE OR WARRANT THE ACCURACY, CORRECTNESS, TIMELINESS, COMPLETENESS, CURRENTNESS, , OF THE SERVICES AND THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT FOR IDSEAL’S OR ITS AFFILIATES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL IDSEAL OR ANY OF ITS AFFILIATES OR ANY OF THE PROVIDERS OR THE PROVIDERS’ AFFILIATES BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES OR THE WEBSITE, ANY LINKED WEBSITE, OR ALL OR ANY PORTION OF THE SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OTHER ECONOMIC LOSSES, OR LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF IDSEAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD BE AWARE OF SUCH POSSIBILITY. THE EXCLUSIONS AND LIMITATIONS OF WARRANTIES, LIABILITY AND DAMAGES SET FORTH HEREIN ARE SUBJECT TO APPLICABLE LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF IDSEAL, IT AFFILIATES, IT PROVIDERS, ITS PROVIDERS’ AFFILIATES, OTHER SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS, THE POLICIES, OR THE SUBJECT MATTER ADDRESSED BY THESE TERMS OR THE POLICIES, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), AND OTHERWISE, EXCEED SIX (6) MONTHS OF THE FEES ACTUALLY PAID BY YOU. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
14. Intellectual Property.
The IDSeal name and logo, the Services, and all portions and elements of or related to the foregoing, are either trademarks, service marks or registered trademarks of IDSeal, LLC or its Affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any IDSeal trademark may be made by any third party without express written consent of IDSeal or the relevant IDSeal Affiliate, which consent may be withheld, conditioned or delayed in such party’s sole discretion. Elements of the Website are protected by intellectual property laws such as trade dress, trademark, unfair competition, and other laws, and may not be copied in whole or in part, and no logo, graphic or image on the Website may be copied or retransmitted in whole or in part, in each instance without the express written consent of IDSeal, which consent may be withheld, conditioned or delayed in IDSeal’s sole discretion.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THE FOLLOWING DISPUTE RESOLUTION PROVISIONS CAREFULLY, AS THESE PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.
A. Dispute Resolution Generally
By Enrolling and accessing or using the Services, you agree to be bound by the Dispute Resolution Provisions set forth in Sections 15(B) through 15(H) below. If either (i) IDSeal or any of its owners, officers, directors, employees, representatives or agents (for purposes of this Article 15, individually or collectively, “IDSeal”), or (ii) you has any legal claim or dispute against the other, including, but not limited to, those arising from or in connection with, or otherwise relating to, (a) the Services, (b) these Terms, (c) the Policies, (d) your access to or use of the Services or the Sites, or (e) the actions or omissions of IDSeal, its Affiliates or its Providers pursuant to these Terms or the Policies (each, a “Dispute”), then the party initiating the Dispute must first try to contact the other to resolve the Dispute informally in good faith. IDSeal must contact you by using the contact information associated with your Account. You must write to IDSeal at IDSeal, LLC, Attn: Legal Department, 1000 Progress Place , Concord, NC 28025, or by email at firstname.lastname@example.org.
a. All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory), to the extent not prohibited by Applicable Law, shall be resolved by final and binding arbitration, pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) (available at the following address: https://www.adr.org/sites/default/files/Commercial%20Rules.pdf) or other applicable AAA rules, as in effect at the time of the arbitration and as modified herein. You may contact the AAA in writing at one of its locations (e.g., The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). You may also obtain additional information about the AAA and its procedures from the AAA’s website, at www.adr.org. Notwithstanding the foregoing in this subsection 15(B)(a), either you or IDSeal may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are you and IDSeal and the total value of the claims made in the action is less than the claim limit applicable in the jurisdiction in which the claim is filed. Following the contact required in Section 15(A) above and prior to commencing an arbitration proceeding with the AAA, a party seeking to arbitrate any Dispute must send to the other party, via certified mail, a written Notice of Dispute (“Notice”). The Notice to you must be sent by IDSeal to the address associated with your Account. The Notice to IDSeal must be addressed to IDSeal, LLC, Attn: Legal Department, 1000 Progress Place , Concord, NC 28025. The Notice must (i) describe the nature and basis of the claim or Dispute; and (ii) describe the specific relief sought. You and IDSeal each expressly agree to attempt to resolve any Dispute by first sending the Notice to the other party prior to initiating or commencing an arbitration proceeding with the AAA.
b. If a Dispute is not satisfactorily resolved within sixty (60) days after the Notice is sent, either party may then commence an arbitration proceeding with the AAA.
c. If the amount involved in the Dispute is less than $20,000, the arbitration will be conducted, at your election, (i) in person in the jurisdiction of the address associated with your Account, or (ii) by telephonic hearing. If the amount in Dispute is $20,000 or more, the arbitration will be conducted in Charlotte, North Carolina (unless prohibited by applicable law, in which case the arbitration will be conducted in person in the jurisdiction of the address associated with your Account). Each of you and IDSeal has the right to be represented by an attorney in any arbitration.
d. The number of arbitrators shall be mutually agreed upon by the parties; provided, however, that in event the parties cannot agree on the number of arbitrators, the AAA Rules will control. In all cases, the award of the arbitrator(s) shall be accompanied by a reasoned opinion. Punitive or exemplary damages shall be allowed only to the extent the remedy is expressly available under Applicable Law. Discovery shall consist of interrogatories, document requests, and no more than five depositions of seven hours or less each, per side; provided, however, that the arbitrator(s) may award additional discovery upon motion by either party and a showing of need and/or the inability to pursue or defend claims absent additional discovery.
e. The party initiating the arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA. Unless otherwise provided for in the AAA Rules, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between the parties.
f. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production, and evidence presentation. The arbitrator(s) shall have the authority to award the same damages and other relief that would have been available to the parties as individual claimants in court.
g. Any award may be confirmed and enforced in any court of competent jurisdiction. The arbitration will be confidential, and neither you nor IDSeal may disclose the existence, content, or results of the arbitration, except as necessary to conduct the proceedings, to confirm and enforce the award, to its own legal or financial advisors, by agreement, or as may be required by Applicable Law.
C. CLASS ARBITRATION WAIVER
EACH DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING (“CLASS ARBITRATION WAIVER”). EACH OF YOU AND IDSEAL ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE. THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SECTIONS 15(B) ABOVE AND 15(F) BELOW (BUT ONLY SECTIONS 15(B) ABOVE AND 15(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SECTIONS 15(D) AND 15(E) AND ARTICLE 16 BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SECTION 15(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR.
NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THESE DISPUTE RESOLUTION PROVISIONS.
D. CLASS ACTION WAIVER
IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF YOU AND IDSEAL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING.
E. JURY TRIAL WAIVER
TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF YOU AND IDSEAL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
F. Delegation to Arbitrator
Except as provided in Section 15(C) above, you and IDSeal acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable.
If any provision contained in these Dispute Resolution Provisions is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render the parties’ agreement to arbitrate valid and enforceable. If a provision conflicts with a mandatory provision of Applicable Law, the conflicting provision shall be severed automatically and the remainder construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected.
H. Termination and Survival
These Dispute Resolution Provisions shall remain in effect even after the expiration or termination of your Membership or use of the Sites.
16. Governing Law and Jurisdiction.
These Terms, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the law of the State of North Carolina, without regard to its choice of law rules. Notwithstanding the foregoing, each of you and IDSeal acknowledge and agree that the relationship between you is an interstate commerce transaction and, accordingly, the Dispute Resolution Provisions set forth in Article 15 above, and the interpretation and the enforceability of the Dispute Resolution Provisions, are and shall be governed by the Federal Arbitration Act, notwithstanding any other law to the contrary, and no state law shall apply if, and to the extent such state law is preempted, by the Federal Arbitration Act. Subject to the foregoing, the substantive law of the State of North Carolina shall govern the substance of any Dispute arbitrated under the Dispute Resolution Provisions. Further, any court proceedings between you and IDSeal shall be governed by the laws of the State of North Carolina, without regard to its choice of law rules, and such proceedings shall take place in North Carolina; provided, however, that if you bring a small claims action as permitted in subsection 15(B)(b) above, you may do so in the jurisdiction of the address associated with your Account. Subject to the arbitration requirements contained in Section 15(B) above, for any court action brought in a jurisdiction consistent with the foregoing sentence, each of you and IDSeal agree to submit to the personal and exclusive jurisdiction of such court and waive any objection as to venue or inconvenient forum.
17. Identity Care Contact Information.
For assistance with your Membership, your Account, or the Services, please write or call Identity Care using the following information:
Attn: Identity Care
1000 Progress Place
Concord, NC 28025
Telephone: 1-888-325-5865 (Monday through Friday, 10am – 7pm EST)
18. FCRA Disclosures.
Some of the Services include access to information related to your consumer credit report. You understand and agree that by using the credit-related Services as part of your Membership, you are providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (FCRA), for IDSeal, the Providers, the Provider Parties and the Reporting Agencies to obtain information from your personal credit profile from Experian® or any other Reporting Agency, and to obtain information from the personal credit profile, if any, of any Enrolled Dependent(s). You authorize IDSeal, the Providers, the Provider Parties and any of the Reporting Agencies to access your credit profile (and those of any Enrolled Dependent(s)), to verify your identity (or those of any Enrolled Dependent(s)), and to provide credit monitoring, credit reporting, credit scoring, identity monitoring, fraud resolution and card registry products. You also authorize IDSeal, the Providers, the Provider Parties, and any of the Reporting Agencies to access your credit profile (or those of any Enrolled Dependent(s)) to perform other functions related to providing the Services or information that you have ordered or may order, including to verify your identity or any certification that you may be required to make.
The FCRA allows you to obtain from each Reporting Agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a Reporting Agency must be obtained directly from such Reporting Agency. The credit reports provided or requested through our Website are not intended to constitute the disclosure of information by a Reporting Agency as required by the FCRA or similar laws.
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer Reporting Agency for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer Reporting Agency free of charge under the following circumstances:
- you have been denied credit, insurance or employment in the past sixty (60) days as a result of your report;
- you certify in writing that you are unemployed and intend to apply for employment in the sixty (60) day period beginning on the day you make the certification;
- you are a recipient of public welfare assistance; or
- you have reason to believe that your file at the Reporting Agency contains inaccurate information due to fraud.
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from IDSeal to dispute inaccurate or incomplete information in your credit file or to receive a copy of your consumer disclosure. The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national Reporting Agencies (Experian®, Equifax®, and TransUnion®) once every twelve (12) months through a central source. Georgia residents can receive two (2) disclosures per year. Although comprehensive, the credit reports from each of the three national Reporting Agencies that are available from IDSeal may not have the same information as a credit report obtained directly from the three national Reporting Agencies or through the central source. To request your free annual report under the FCRA, you must go to https://www.annualcreditreport.com/index.action or call 877-322-8228. IDSeal’s Services are not related to any free FCRA disclosure that you are or may be entitled to.
Some of the Services include assistance in the case of lost, stolen or unauthorized use of credit or debit cards or accounts. Under federal law, your liability for fraudulent charges on credit cards is limited to $50 and on debit and cash machine cards is between $50 and $500 depending on when you notify the card issuer of the loss. On U.S.-issued Visa and Master Card cards, your liability is zero when you promptly notify the bank. Please see your issuer’s terms and conditions for specific details.
19. Credit Score Disclosures.
You acknowledge that the VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide Reporting Agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you’ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major Reporting Agencies, Experian®, TransUnion®, and Equifax®, that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from Reporting Agency to Reporting Agency because some lenders report your credit history to only one or two of the Reporting Agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don’t be surprised if your lender gives you a score that’s different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender’s score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
20. Product and Feature-Related Terms.
Following are descriptions of the Services, along with some benefits, functionalities, and terms applicable to same. Please see the IDSeal FAQ for additional information.
A. Identity Management Services.
Not all Memberships include the same suite of Services. Please consult your Welcome E-mail for a full list of Services included in your Membership. If you would like a new copy of your Welcome E-mail or a full listing of all Services included in your Membership, please do not hesitate to contact Identity Care at 1-888-325-5865 or email@example.com, or log into your Account Portal.
B. Alert Services.
Some or all alerts, based on your Membership plan, may be sent as described below. Note that the Alert Services are available only if you have a valid, functioning email address and have provided it to IDSeal for use with your Membership. Based on your Membership plan, this feature may send you an email “alert” if (i) certain changes are detected on your bureau credit report or score benefit maintained by TransUnion®, Experian® and/or Equifax®; (ii) when the cyber monitoring feature (where applicable) detects your SSN, debit card number, or credit card number are potentially being misused on the internet; (iii) when the United States Postal Service (USPS®) receives a request for a change of your residential address; (iv) when the sex offender registry feature detects a registered sex offender living within the zip code associated with your Account; (v) when court record monitoring detects a criminal incident is reported in the court system with your identity; (vi) when the fraudulent payday loan feature detects a payday or quick-cash loans taken out in your name which does not require a SSN or credit inquiry to complete; (vii) when the new account opening benefit detects your identity used in new credit card or bank account applications, changes made to your personal information in your bank accounts, or a new signer is added to an existing account; (viii) when the social monitoring feature detects privacy and reputation risks associated with your social network accounts including; or (ix) when the child credit monitoring detects the creation of a credit file associated with a Dependent’s SSN.
C. Credit Monitoring.
The credit monitoring feature monitors your credit file for certain key changes. As part of this Service, IDSeal will facilitate your enrollment in the Experian® credit monitoring program. In the event that you order a Membership that includes three-bureau credit monitoring, IDSeal will facilitate your enrollment in the monitoring programs provided by TransUnion®, Experian®, and Equifax ®. You will only receive alerts for key changes made to the credit files at the bureaus with which you are enrolled. If you are not enrolled in credit monitoring at a particular credit bureau, you will not receive alerts to changes on files maintained by that bureau.
D. Cyber Monitoring Alerts.
The Cyber Monitoring feature scans the internet for your Personal Information that was provided upon Enrollment. To increase scanning effectiveness, you should provide additional Personal Information in your Account Portal. You may add up to ten (10) debit or credit cards, ten (10) phone numbers, ten (10) email addresses, ten (10) bank account numbers, one (1) medical ID number, and one (1) driver’s license number. You must provide IDSeal with the Personal Information that you would like for us to monitor and scan on the internet, and IDSeal will send you an alert by email if such provided Personal Information is detected. The Cyber Monitoring feature is provided by IDSeal and one or more Providers. Because the quantity of information available on the internet is expansive and constantly changing, neither IDSeal nor its Providers guarantee that the Cyber Monitoring feature will detect all improper use of your Personal Information.
E. Change of Address Monitoring and Alerts (USPS®). This feature checks for changes against the mailing address associated with your Account and sends email alerts to you if an address change has been detected.
F. Social Security Number Trace.
This feature searches for your name, aliases, addresses and date-of-birth, in each instance associated with the SSN on file in your Account. We will alert you if we find a different name, address or date-of-birth associated with your SSN in the publically available databases we search.
G. Child SSN Monitoring.
This feature alerts you when fraudulent names, aliases and addresses become associated with your Dependent’s SSN, in addition to monitoring the dark web for his or her information. There is a limit of ten (10) Dependents per primary Membership. This feature is only for Dependents and, once your Dependent becomes 18 years of age, monitoring of that Dependent’s information will automatically cease. The Dependent may, however, be eligible for their own sub-membership under your Membership. Please contact Identity Care at 1-888-325-5865 with any inquiries.
H. Court Record Monitoring.
This feature tracks municipal court systems and alerts you in real time if a criminal act is committed under your name. The feature also collects current data at the state and county level.
I. Sex Offender Proximity Monitoring.
This feature provides a report of all registered sex offenders living within a defined radius of the zip code associated with your Account, and alerts you when a new sex offender moves in. It also notifies you if a sex offender fraudulently registers using your Personal Information.
J. Fraudulent Payday Loan Monitoring.
This feature provides payday loan-monitoring which tracks fraudulent loans associated with your identity.
K. New Credit Application Monitoring.
This feature will notify you if your identity is used for new credit card or bank account applications, changes are made to your personal information in your bank accounts on file with IDSeal, or a new signer is added to an existing account.
L. Social Media Monitoring.
This feature provides alerts for privacy and reputation risks associated with the social network accounts associated with your Account. IDSeal monitors (4) four social media platforms, including Facebook®, Instagram®, Twitter® and LinkedIn®; however IDSeal only monitors (1) account per platform, per Member.
M. Social Network Monitoring (Child/Dependent).
This feature allows a Member parent to monitor his or her Dependents’ Facebook®, Instagram®, Twitter® and LinkedIn® profile, comments, and wall posts for privacy, reputational and child-specific risks. Privacy risks include instances where the social network(s) is sharing certain Personal Information publicly. Reputational risks consider content that may prove detrimental to the Dependent’s reputation like foul language, sexual content, drug and alcohol references, etc. Child-specific risks include cyber bullying, grooming, and weapons references. In the event that the Service locates a risk, the Service alerts the Member. The Social Network Monitoring (Child) alerting database is updated every 24 hours.
N. Native Mobile Application.
The Native Mobile Application provides a subset of available features and benefits that runs natively on a Member’s supported Android or iOS device. The Native Mobile Application supports Member’s Enrollment, and it can also be used in combination with IDSeal’s web-hosted Services.
O. Credit Report and Score.
If your Membership includes credit reports, you will have access to either a single-bureau or tri-bureau credit report when you log into your Account Portal for the first time. Members who have a single bureau report may have access, depending on their Membership, to an additional tri-bureau report. Further, depending on your Membership plan, your credit report may include a credit score. Once you access your credit report, it will remain accessible in your Account Portal, but will only be updated once every six (6) months (semi-annually) from the time you first accessed it. Members who select different features may have access, depending on their Membership plan, to additional credit reports and scores. Additional credit reports may be available for purchase on an a la carte basis.
P. Credit Score Tracker.
This feature permits you to view your single-bureau credit score or tri-bureau in your Account Portal, depending on your Membership plan. The score is updated monthly, and a chart will depict the month-to-month changes to your score. You will receive a reminder via email when a new credit score is ready to view.
Q. Lost Wallet.
This feature allows you to contact Identity Care at 1-888-325-5865 and work with our fraud resolution agents in the event that your purse or wallet, and the Personal Information inside, becomes lost or stolen. Our fraud resolution agents will assist you in determining which cards are missing and, if needed, will pull your credit report to determine which cards may be affected by the loss or theft. Our agents work with you to cancel the cards and get new cards re-issued in your name. In some cases, the card issuer may not allow our fraud resolution agents to cancel and reissue your credit or debit cards without you on the call.
R. Fraud Resolution Assistance.
There are certain steps you must follow in order to obtain assistance from a Certified Fraud Resolution Agent. These steps include contacting Identity Care at 1-888-325-5865. If you contact us regarding fraud resolution, you are agreeing to permit IDSeal and any Provider to order a copy of your credit report for the purpose of assisting you. “Identity theft” means that your name, address, SSN, credit card number, debit card number or other Personal Information was stolen or was used without your knowledge or approval to commit fraud or other crimes.
THE FRAUD RESOLUTION FEATURE IS DESIGNED TO HELP YOU IN CONNECTION WITH RESOLUTION OF AN IDENTITY THEFT. THIS FEATURE IS PROVIDED TO ASSIST WITH RESOLUTION AND IS SEPARATE FROM ANY AND ALL PRECAUTIONS YOU SHOULD REASONABLY BE EXPECTED TO TAKE, INCLUDING PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SSN, AND OTHER PERSONAL INFORMATION. IDSEAL’S FRAUD RESOLUTION ASSISTANCE DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT AND/OR THE CONSEQUENCES OF IDENTITY THEFT OR FRAUD, AND IS NOT A CREDIT REPAIR SERVICE.
IDSeal may request that you provide additional evidence of unauthorized transaction(s), Identity Theft, or other facts related to your fraud resolution assistance request, which may include signed affidavits, law enforcement or government agency reports, receipts of expenses, insurance declaration forms, or other corroborating evidence that we may deem necessary and reasonable to provide resolution services. Further, IDSeal reserves the right to refuse any fraud resolution assistance request or provide any fraud resolution assistance in the event you fail or refuse to provide us with any requested additional evidence.
S. Identity Theft Reimbursement Insurance.
Some Memberships include identity theft insurance underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company under group or blanket policy(ies). The description provided in the Summary of Benefits is a summary and intended for informational purposes only and does not include all terms, conditions and exclusions of the policies described. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions. If your identity has been stolen and you would like to make an Identity Theft insurance claim, please Identity Care at 1-888-325-5865.
A. Entire Agreement
These Terms, including the Polices, constitute the entire agreement between you and IDSeal pertaining to your Enrollment, Authentication, access to and use of the Services, access to and use of the Website and the Application, and any other written or oral agreements existing between us are null and void. You represent that you have read these Terms and the Policies, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Services, IDSeal has relied on your agreement to be bound by these Terms.
B. Waiver and Severability
No waiver by us of any term or condition set out in these Terms or Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms or Policies shall not constitute a waiver of such right or provision. Except as provided in Section 15(G) above, which shall control for purposes of Section 15, if any provision of these Terms or Policies is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms or Policies will continue in full force and effect.
C. Accessing the Sites and Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures for access to the Sites, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account and any account you set up through the Application (“Application Account” and, together with the Account, the “Accounts”), are personal to you and agree not to provide any other person with access to the Sites, Accounts or portions of either using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Accounts at the end of each session. You should use particular caution when accessing your Accounts from a public or shared computer so that others are not able to view or record your password or other Personal Information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of Applicable Law, these Terms, or the Policies.
Issue Date: June 1, 2019
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